Cohabitation Agreement Lawyer in Houston, TX

Texas treats you as two separate people, not a couple. You don't share community property, so each of you generally keeps what's in your own name. Neither partner can seek spousal support after a breakup, and neither inherits from the other without a will. An unmarried partner also has no default say in medical decisions, which is why a medical power of attorney matters. A cohabitation agreement sets your own rules for property and money, and it should be paired with a will and powers of attorney.

Yes. Texas calls it informal marriage, and it's just as binding as a ceremonial one. A couple is informally married when they agree to be married, live together in Texas as spouses, and represent to others that they're married. Couples can also sign a declaration of informal marriage with the county clerk. Both partners must be at least 18. An informal marriage ends only by divorce or death, and Texas community property rules apply while it lasts, just as they do for any marriage.

There's no minimum. Living together for any length of time doesn't create a marriage on its own, and a long relationship isn't a marriage without the other elements. What matters is whether you agreed to be married, lived together in Texas as spouses, and told others you were married. Texas does set a deadline in the other direction: if a partner doesn't start a court case to prove an informal marriage within two years after you separate and stop living together, the law presumes you never agreed to be married.

Don't agree to be married, and don't present yourselves as married. That means not calling each other husband or wife in public, not filing joint tax returns as married, and not listing each other as a spouse on leases, insurance, or loan applications. A cohabitation agreement can also state in writing that you don't intend to be married. That statement doesn't override how you actually live, but it's strong evidence if a common-law marriage claim ever comes up after a breakup.

You can, but most templates aren't built for Texas. They may not meet the Texas rule that cohabitation promises be in writing and signed, they rarely deal with a house one partner already owns, and some use language that sounds like marriage, which can backfire. They also don't point you to the will and powers of attorney an unmarried partner needs. A flat-fee agreement drafted for your situation costs far less than a property lawsuit after a breakup. If you already signed a template, Francisca can review it and fix the gaps.

Marriage changes the rules. Once you marry, Texas community property law applies, and a cohabitation agreement isn't designed to replace a premarital agreement. If you plan to marry, sign a prenuptial agreement before the wedding that carries forward the terms you still want. If you're already married, a postnuptial agreement can do the same. Francisca can draft the cohabitation agreement with a future prenup in mind, so the move from one to the other is simple. The same applies if you become informally married, since community property rules start then too.

Yes. A Texas cohabitation agreement can set each partner's ownership share of a home, who pays the mortgage and repairs, and how a buyout works if you split. It can also cover a home one partner owned before you moved in, so payments by the other partner don't create confusion later. Pets, cars, furniture, and joint accounts can all be included. It can't decide custody or support for children you share. Texas courts decide those based on the child's best interest.

Texas law doesn't require it, but the firm strongly recommends it. One attorney can't represent both partners, because their interests differ. When each partner has independent counsel, it's much harder for either one to claim later that they didn't understand the agreement or signed under pressure. Francisca represents one partner and works with the other partner's attorney to reach terms you both accept. If your partner's lawyer already sent a draft, Francisca can review it for you. Either way, you'll know exactly what you're signing.

Only partly. An agreement can include promises about property, but Texas inheritance law gives an unmarried partner nothing on its own. To make sure your partner receives your share of a home or savings, you need a will or trust, and updated beneficiary forms on retirement accounts and life insurance. A medical power of attorney lets your partner speak for you if you can't. Francisca can prepare these alongside your cohabitation agreement so the whole plan works together. Review all of it if you buy a home, have a child, or decide to marry.